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Ben Jones, Solicitor

Category: UK Employment Law

Satisfied Customers: 40353

Experience: Expert in UK Employment Law

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I attended an discipline meeting last night in which the result

Resolved Question:

I attended an discipline meeting last night in which the result was a written warning the manager that did the meeting said it was a silly situation and the communication between my self and the manager had broken down! I have just received a phone call from that meeting saying the manager is appealing against the decision and he said she the golden girl in the company I would advise you to hand you notice in , This woman has done nothing but bully me from the day she started I am the vitamin but there telling me I will loose my job when I've only made little mistakes, I have a family 2 support and can afford to loose my job just because she doesn't like me

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know exactly how long you have worked there.

Customer:

8months

Customer:

I was the deputy manager until last week when I stepped down to team leader , I was but on performance improvement in July and was given until Aug to improve with no training form her or anyone else , she hasn't given until then she gave me the letter on Friday

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

Customer:

She treats all the male colleges I work with different and has even told me she want rid of him the day she start without even working with him

Ben Jones :

But have you been treated differently because of gender?

Customer:

we all believe so she set me up to fail on my shifts leaving me with minimum staff or even on my own so I fail at something I was made to to 3 day of work from 8am in the morning till close of business which is 12 at night with out a break

Customer:

I believe so she set up my shift so I'm made to fail butting me on with no staff or new in busy periods , I was made to work 3 shift back to back of 8am starts to 12 close with out a break as it was that busy

Ben Jones :

this will still not prevent a potential dismissal though, it will only result in you having a potential claim for discrimination but to get anything out of that you need to make a claim in the employment tribunal (£350 fee) and if it goes to a hearing you will also have to pay a hearing fee of £950 - that is all before you are even guaranteed to get anything back

Customer:

Great so she can do what she likes I have nothing and my family suffers because she did likes me , what a great legal system we have

Ben Jones :

I agree that it is not always perfect and whilst employees do have certain rights it will not cover all situations unfortunately. I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands and sometimes this does mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

no it took me 6 month to find this job , no wonder employment so high if people like her are running business

Customer:

Thank you

Ben Jones :

You are most welcome and sorry again it was not necessarily the answer you may have expected. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you and all the best

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